Court Civil Mediation Theory

Court judicial civil mediation is important component of civil procedure in our country, which is always, plays an important role in the dispute-resolving system and the practice of civil judicial adjudication in our country. Court judicial civil mediation is also an important segment of social administration and social reformation. Court judicial civil mediation is an important link for interaction of law and society in our country, which receives people's study and contemplation. It is also an antiquated but stylish topic in the community of jurisprudence of our country, which is repeatedly to be mentioned and be developed into meticulous and thorough analysis. Of course, these analysis and cognition opinions differ. However, it doesn't stop people from rethinking about it. In the transformation period, people are still inevitably having a variety of divergences when scanning again to the function of court judicial civil mediation. Under the exact background, the topic of this paper is " On the Court Judicial Civil Mediation ". The author strives to probe a few theoretical and practical problems of court judicial civil mediation in the new period.Except the foreword and conclusion, the main body of this paper is composed of three parts, which is totally about 30,000 words.PartⅠanalyses the value of court judicial civil mediation. The value of court judicial civil mediation points to basis or significance of court judicial civil mediation to exist and develop in Chinese society. In this part, the author has chosen times value and beneficial value of court judicial civil mediation to be carried out into priority analysis. It's different from tradition court judicial civil mediation, which emphasized the traditional value and culture value, that the times value of this paper is about concentrating efforts on to probing how to construct basis for court judicial civil mediation to exist and develop, in the real time of founding harmonious society. The author also strives to manage out the relationship between the court judicial civil mediation and founding harmonious society. Analysis on the beneficial value is in carried out by putting court judicial civil mediation and court decision for winding up a case into a contrast, which completely and systematically shows the enormous advantages of court judicial civil mediation, in time cost, economy cost and ethics cost.PartⅡanalyses the practice of court judicial civil mediation. It is divided into two aspects. The changes of legislation of court judicial civil mediation draw the outline of its evolution.. And the author summarizes out characteristic of the legislation in order to deepen the cognition to court judicial civil mediation. The reality analysis about court judicial civil mediation is carried out by observation of the operating and awareness of refining out problems. The author also strives to digging out the problem about reality and value in the operating, (such as: the conflicts of judge role, the court judicial civil mediation like trailing, loses of adjudging, etc.), to show the its enriching contents under the interactive link of society and law in our country.Text PartⅢis about the court judicial civil mediation in the angle of founding harmonious society. In this part, author first sum up the rethink of the educational circles in the recent years. These rethinks reveal out the existence of abuse and theoretical wrong of tradition court judicial civil mediation on inherent mechanism, enlighten we thinking about how to restructure its theoretical basis and how to build up reasonable believes about it, in the new period and new situation of founding harmonious society.